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. again, on this sunday. mike, thanks. >>> south carolina senator lindsey graham is leading the charge to label the boston marathon suspect an enemy combatant. he explained why on cnn this morning. take a listen. >> when the public safety exception expires and it will soon this man, in my view, should be designated as a potential enemy combatant and we should be allowed to question him for intelligence gathering purposes to find out about future attacks and terrorist organizations that may exist that he has knowledge of and that evidence cannot be used against him in trial. >> the american civil liberties union, aclu, opposes this, "we must not waiver from our tried and true justice system, even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain a fair conviction." how will this play out politically? with me, stephen smith of "the boston globe," dave weigel and lynn sweet of the chicago sun-times. good to see you all on this sunday. lynn, let me start with you here at least. four our republican senators joined in lindsey graham's call
menendez and marco rubio and lindsey graham and jeff flake, they have done a great job. i think we have the outline of the proposal that can succeed. i think it's balanced. we have border security as a very important factor, but we also make it possible to have the border secured. it's not an insurmountable object but, most of all it takes them out of the shadows and gives them a chance to live in a free and open society and with a long and difficult path to citizenship but at least it brings them out of the shadows and make them able to become the kind of wonderful citizens that i know that the overwhelming majority of them will be. and i'm proud of the work we have done and it's been frankly for not the first time, the pleasure of working with chuck schumer who is a tough guy. >> he's from brooklyn. >> senator mccain you tried this in 2006 and 2007 and george w. bush was on your side and ted kennedy and that ended disastrously. what has made the difference in 2013? >> i think two things, joe. one, from the practical side. that is, obviously, the polarization of the hispanic vote. fewe
senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case w
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